[Senate Report 112-185]
[From the U.S. Government Publishing Office]
Calendar No. 454
112th Congress Report
SENATE
2d Session 112-185
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A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT
TO REAUTHORIZE THE LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM
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July 16, 2012.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3264]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 3264) to amend the Federal Water Pollution
Control Act to reauthorize the Lake Pontchartrain Basin
Restoration Program, having considered the same, reports
favorably thereon and recommends that the bill, do pass.
General Statement and Backround
S. 3264 would reauthorize the Lake Pontchartrain Basin
Program, which was authorized under Sec. 121 of the Clean Water
Act as part of the Lake Pontchartrain Basin Restoration Act of
2000. The Lake Pontchartrain Basin comprises over 10,000 square
miles of land in 16 Louisiana parishes and four Mississippi
counties. It is one of the largest estuarine systems in the
Gulf of Mexico receiving fresh water from rivers and streams
and salt water from the Gulf. The basin supports a population
of approximately 2.1 million people. The goal of the Lake
Pontchartrain Basin Program, which this legislation would
reauthorize, is to restore the ecological health of the Basin
by developing and funding restoration projects and related
scientific and public education projects.
Objectives of the Legislation
S. 3264 reauthorizes the Lake Pontchartrain Basin Program,
which was authorized under Sec. 121 of the Clean Water Act as
part of the Lake Pontchartrain Basin Restoration Act of 2000.
Section-by-Section Analysis
Section 1. Lake Pontchartrain Basin Restoration Program
Section 1 extends the authorization for Fiscal Years 2013-
2017. The legislation establishes a non-Federal cost-share of
25% for any project funded through the program and limits the
annual authorized funding to $20 million or the lowest amount
appropriated to carry out this section for any of the preceding
5 fiscal years, whichever is less.
Legislative History
Senators David Vitter and Mary Landrieu introduced S. 3264
on June 5, 2012. The bill was received, read twice and referred
to the Committee on Environment and Public Works.
On June 21, 2012, the Full Committee met to consider a
number of bills including S. 3264. The bill was ordered to be
reported favorably by voice vote.
Hearings
No hearings were held on this legislation.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 3264 on June 21, 2012. The bill was ordered to be
reported favorably by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3264
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 3264 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
Congressional Budget Office Cost Estimate
June 29, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3264, a bill to
amend the Federal Water Pollution Control Act to reauthorize
the Lake Pontchartrain Basin Restoration Program.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3264--A bill to amend the Federal Water Pollution Control Act to
reauthorize the Lake Pontchartrain Basin Restoration Program
Summary: S. 3264 would authorize appropriations for the
Environmental Protection Agency's (EPA's) Lake Pontchartrain
Basin Restoration Program through 2017. Under this program, EPA
provides assistance and grants to the parishes and cities
within the Lake Pontchartrain Basin watershed and to the Lake
Pontchartrain Basin Foundation for restoration and education
projects to improve the ecological health of the basin. The
bill would limit the annual authorized funding over the 2013-
2017 period to the lesser of $20 million or the lowest amount
appropriated for grants and assistance for any of the preceding
five fiscal years. According to EPA, $1 million is the lowest
annual amount appropriated since 2008 for the Lake
Pontchartrain Basin Restoration Program. Thus, CBO estimates
that implementing S. 3264 would cost $5 million over the 2013-
2017 period.
Pay-as-you-go procedures do not apply to this legislation
because the bill would not affect direct spending or revenues.
S. 3264 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3264 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 1 1 1 1 1 5
Estimated Outlays....................................... 1 1 1 1 1 5
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Basis of estimate: For this estimate, CBO assumes that S.
3264 will be enacted near the beginning of fiscal year 2013 and
that the estimated amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
the program.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 3264
contains no intergovernmental or private-sector mandates as
defined in UMRA. Louisiana, Mississippi, and local governments
that participate in the Lake Pontchartrain Basin Restoration
Program would benefit from the bill's reauthorization of
grants, research, and restoration activities of the basin. Any
costs to those governments would be incurred voluntarily as
conditions of federal assistance.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1) * * *
* * * * * * *
SEC. 121. LAKE PONTCHARTRAIN BASIN.
(a) Establishment of Restoration Program.--The Administrator
shall establish within the Environmental Protection Agency the
Lake Pontchartrain Basin Restoration Program.
(b) Purpose.--The purpose of the program shall be to restore
the ecological health of the Basin by developing and funding
restoration projects and related scientific and public
education projects.
(c) Duties.--In carrying out the program, the Administrator
shall--
(1) provide administrative and technical assistance
to a management conference convened for the Basin under
section 320;
(2) assist and support the activities of the
management conference, including the implementation of
recommendations of the management conference;
(3) support environmental monitoring of the Basin and
research to provide necessary technical and scientific
information;
(4) develop a comprehensive research plan to address
the technical needs of the program;
(5) coordinate the grant, research, and planning
programs authorized under this section; and
(6) collect and make available to the public
publications, and other forms of information the
management conference determines to be appropriate,
relating to the environmental quality of the Basin.
(d) Grants.--The Administrator may make grants to pay not
more than 75 percent of the costs--
(1) for restoration projects and studies recommended
by a management conference convened for the Basin under
section 320; and
(2) for public education projects recommended by the
management conference.
(e) Definitions.--In this section, the following definitions
apply:
(1) Basin.--The term ``Basin'' means the Lake
Pontchartrain Basin, a 5,000 square mile watershed
encompassing 16 parishes in the State of Louisiana and
4 counties in the State of Mississippi.
(2) Program.--The term ``program'' means the Lake
Pontchartrain Basin Restoration Program established
under subsection (a).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $20,000,000 [for
each of fiscal years 2001 through 2011] or the lowest
amount appropriated to carry out this section for any
of the preceding 5 fiscal years, whichever is less, for
each of fiscal years 2013 through 2017. Such sums shall
remain available until expended.
* * * * * * *